The claimant accountants had represented the defendant in a dispute with former employees. They sought payment of their costs, but the claim was stayed until the defendant had the opportunity to to seek representation by a MacKenzie friend after the taxing master became concerned for her health and as to her ability to conduct proceedings. They now appealed against that stay.
Held: Sir Raymond Jack saaid: ‘the Master put more weight on the incident of 18th July than it could bear and that he should have taken into account Miss Makar’s appearances before other judges. I also bear in mind that I have a more complete description of the incident than was before the Master. In all the circumstances he should not have concluded that it was established that Miss Makar lacked capacity and he should not have stayed the assessment pending the appointment of a litigation friend for Miss Makar. There is then no bar to Baker Tilly’s application for an interim costs certificate
Sir Raymond Jack
[2013] EWHC 759 (QB), [2013] 3 Costs LR 444
Bailii
Mental Capacity Act 2005 2, Civil Procedure Rules 21
Citing:
Cited – Carmarthenshire County Council v Lewis CA 16-Dec-2010
Renewed application for leave to appeal against tenancy possession order. The respondent argued that as a result of his suffering Asperger’s syndrome, the court should have adjourned the proceedings to see whether he was a protected party in need of . .
Lists of cited by and citing cases may be incomplete.
Costs, Litigation Practice, Health
Updated: 28 November 2021; Ref: scu.519762
